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Publication date: 15.03.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
A natural person who purchases, orders or uses, or intends to purchase or use a certain product to satisfy personal needs acquires the status of a consumer, with the emergence of which the legislation establishes a certain amount of rights and obligations. Along with this, not infrequently the second party to the legal relationship, that is, the seller, violates the rights granted to consumers, which of course puts the latter in an extremely disadvantageous position, causing them damage, including moral damage. The legislation defines the cases, in the presence of which it is possible to assert a violation of consumer rights, namely: during the sale of the product, the right to freedom of choice of products, or the consumer's will was violated; the principle of equality of the parties to the contract is not observed; obstacles are created for the consumer to obtain the necessary and reliable information about the products, or the price of such products is improperly determined, etc.
Rights and obligations of consumers:
As already mentioned, entering into a legal relationship with the seller, the buyer acquires the status of a consumer, which in turn means that he has the following rights: the right to the protection of the rights granted by the state, the right to proper product quality and service, product safety, the right to receive information about products, service in Ukrainian, in case of purchase of goods of inadequate quality - receiving compensation (property, moral) damage, as well as the right to appeal to authorized bodies, including the court for the purpose of protecting violated rights, and the right to create consumer public organizations. Along with this, there are also obligations, namely: if the manufacturer provides documentation for the product that contains the rules for its operation, then the consumer is obliged to familiarize himself with them before starting such operation, if the consumer has a need to obtain a clarifications regarding the conditions or rules of use of the purchased product, then before starting its use, he must contact the seller or the manufacturer for the purpose of obtaining such clarifications, another obligation related to the operation of the product is its use in accordance with the intended purpose purpose and those conditions established in the operating documentation, as well as in some cases to observe special rules for operating the product or to take safety measures depending on the type of product.
Analysis of ways to protect consumer rights:
Pre-trial settlement of the dispute. If the consumer's rights were violated by the seller or the manufacturer, the first step in the way of protection is to appeal to the seller or the manufacturer with a claim. The claim can be both oral and written, but in any case it must fully describe the situation and the consumer's requirements and contain evidence of the violated right. It is not uncommon to encounter cases when sellers or manufacturers do not satisfy the legitimate demands of consumers, or ignore them altogether. In this case, you should contact the State Consumer Service with a corresponding complaint. Complaints can be submitted verbally by calling the regional service department, or electronically or in writing. The complaint must contain the full name of the complainant and his place of residence, a description of the committed violation with justification of the consumer's demands. A copy of the document certifying the purchase of the goods, evidence of the violated right, etc., can be attached to the complaint. In the complaint, it is also worth mentioning the means of communication by means of which the answer to it will be sent, for example, e-mail. Within 15 days, the complaint must be considered, and the answer sent to the complainant, if the complaint requires additional study, then within one month.
Judicial procedure. If the above-described methods of protection did not lead to favorable results for the consumer, then it is worth contacting the court. These cases will be considered as part of the legal proceedings, and the lawsuit itself may relate to the demand for the elimination of product defects, the replacement of the product of inadequate quality with the product of the appropriate quality, or for the termination of the contract and compensation for damages. If moral or material damage was caused as a result of the violation of rights, it may also be subject to compensation. As for jurisdiction, it is alternative in this category of rights, that is, the consumer can apply to the court for his place of residence, or for the place where he was harmed. It is worth noting that the obligation to pay a court fee does not apply to the consumer when defending his violated rights in court.
Lawyer's consultation in the protection of consumer rights:
Since the protection of rights involves active actions in the form of appeals to authorized bodies by writing complaints and statements, the services of a lawyer are highly desirable. The lawyer will conduct a legal analysis of the situation, analysis of documents, advise the client. If a judicial procedure for the protection of rights is necessary, the lawyer will file a lawsuit and properly represent the plaintiff's interests.
